1st Edition
Commercial and Arbitration Law of the Digital Economy A Comparison of Asian, European and North American Jurisdictions
This book discusses the importance of the digital economy and its most pressing challenge: the onset of quantum and critical technology. It looks at how its implementation, either on its own or coupled with artificial intelligence, impacts commercial and arbitration law.
International trade and investment are increasingly being integrated within national security policy and the law to protect the nation state. A failure to safeguard personal and commercial data will allow other state and non-state actors to set the rules that do not align with the values of the rule of law and transnational rules-based system. This book argues that it is necessary to establish a principles-based approach to governing the development and use of these technologies. Chapters touch on the application of smart contracts, arbitration, as well as mergers and acquisitions and their potential weaponization in the digital economy due to their ability to transcend national security. Elements of intellectual property, particularly patents and trademarks, and how international legal instruments have directed national law making are also explored.
A useful reference for governments, regulators, legal, technologists and policy experts. Also of interest to scholars looking at personal and commercial data in relation to intellectual property, contracts and international commercial arbitration law.
Table of Contents
CHAPTER 1. DEFINING THE DIGITAL ECONOMY
1.1 Introduction
1.2 Measuring the Digital Economy
1.3 Regional Institutional Law
1.4 Transnational Investment Law
1.5 Transnational Arbitration
1.6 Methodology, Limitations and Structure
1.7 Referencing
1.8 Research Questions
1.9 Structure
1.10 Conclusion
CHAPTER 2. INTERNATIONAL COMMERCIAL AND INVESTOR STATE ARBITRATION
2.1 Introduction
2.2 Can Robots Replace Human Arbitrators?
2.3 International Contracts
2.4 Investor State
2.5 Conclusion
CHAPTER 3. SMART CONTRACTS & CISG [CONVENTION ON THE SALE OF GOODS]
3.1 Introduction
3.2 Jurisdictions Approach
3.2.1 Australia
3.2.2 European Union
3.2.3 India
3.2.4 Indonesia
3.2.5 Japan
3.2.6 Singapore
3.2.7 United Kingdom
3.2.8 United States
3.2.9 Arbitration
3.3 Conclusion
CHAPTER 4. MERGERS AND ACQUISITIONS [MAs]
4.1 Introduction
4.2 National Laws
4.3 Anti-Competition
4.4 Conclusion
CHAPTER 5. INTELLECTUAL PROPERTY [IP]
5.1 Introduction
5.2 Jurisdictions laws
5.3 Arbitration
5.3.1 Domain Name Disputes – WIPO & Trademark Law
5.4 Arbitration
5.5 Conclusion
CHAPTER 6. DISCUSSION, ANALYSIS AND PATHWAY FORWARD
6.1 Introduction
6.2 Findings
6.3 Conclusion
Biography
Robert Walters is a Solicitor, International Arbitrator and legal scholar specialising in transnational commercial and private law across the digital economy. He has been engaged by national governments to address commercial and private law matters and develop legal-policy programs for the digital economy.
Dr Walters meticulously examines the legal landscapes of the jurisdictions covered, revealing distinct strengths and weaknesses in each. Dr Walters engages in a thought-provoking debate about the role of robotics in arbitration, asserting the importance of retaining human decision-makers for procedural fairness. The discussion extends to the pressing issue of quantum technology, positing that its implementation could have profound implications for national security, necessitating a collective effort among governments, regulators, legal experts, and technologists to develop principled approaches to governance. The book calls for greater regional and international collaboration, emphasising the urgency of addressing vulnerabilities posed by quantum technology. The overarching argument is that failure to do so could lead to the imposition of rules by non-state actors, compromising the values of the rule of law and the transnational rules-based system governing the digital economy. The book serves as a compelling call to action, advocating for a principled approach to guide the development and use of transformative technologies in the digital era.
Professor, Dr, Michael Stuckey
Victoria Law School
AustraliaThe book is of substantial value to commercial law scholars and ‘technicians’, and to commercial and political strategists grappling with the evolution of the digital economy.
Though most of the text concerns digital law doctrine, the book will be valuable to readers whose interests lie beyond these legal technicalities. The author addresses many legal technical issues across jurisdictions which have often taken very different approaches to the same issues. Though the detailed technical analysis is impressive and fascinating, for me the real value of the book lies beneath its surface. Many of the issues discussed reflect the dynamics and implications of rapid technological change, energetic commercial, innovation, and competition between corporations and between countries, for dominance in the emerging digital world (or where competition can be enabled using digital technologies). The author points to the necessity for greater corporation and coordination to solve the many challenges he highlights. This leaves up in the air the question of how this might possibly be achieved, when so many of the powerful actors seeking dominance see digital legal arrangements as a tool for their own purposes.
Professor, Dr, Paul Martin
Director, Australian Centre for Agriculture and Law
School of Law
University of New England, Australia
Dr Robert Walters has been able navigate the complexity of the commercial laws related to the digital economy. While I have worked with Dr Walters for more than a decade, he
addresses among other issues the relevance of the the Convention on the International Sale of Goods, (Vienna Convention) in 1980 (CISG) and correctly points out that smart contracts and blockchain technology must be implemented in a proper fashion. I have personally witnessed Robert grow into a highly regarded transnational legal practitioner, arbitrator and scholar. It is not only the task of the contractual parties but also the assistance of a programmer must be sought to install the appropriate template for a smooth running of the exchange of goods or services. Whether traditional or digital templates are used in contractual dealings the issue of conflict of law rules are still important and cannot be overlooked. This fact has been appropriately laid out in chapter 3. In addition, the treatment of specific laws in select countries assist in the understanding of the application of the CISG. The book is an excellent treatment of a difficult topic and is to be highly recommended.
Professor Bruno Zeller
University Western Australia
It is through this book, that Dr Robert Walters is able to highlight Australia’s objective to deepen its bilateral and multilateral partnerships with India, Indonesia, Singapore, European Union, United Kingdom and United States. He first demonstrates how in these current times, critical and quantum technology is still far from being fully understood by mainstream society. This book is important as it significantly adds to the body of knowledge in this emerging area. Dr Walters has been able to make a sound case for reform in some areas while arguing for the maintenance of status quo in other areas. He does so in order to ensure that the challenges that lie ahead for all of us, particularly in relation to quantum and critical technology, can be effectively addressed. This will ultimately provide trade and investment certainty. This is a book that will inform and assist individuals, businesses and governments alike.
Professor, Dr, Lidia Xynas
Dean of Law
Victoria Law School
Australia
